Opinion
No. 114404.
2012-09-26
George W. CACKLEY, Special Adm'r, etc., respondent, v. Kevin PAULSEN, etc., petitioner.
Petition for leave to appeal denied.
In the exercise of this Court's supervisory authority, the Appellate Court, Third District, is directed to supplement its judgment in Cackley v. Paulsen, 2012 IL App (3d) 110033–U (05/02/12), with consideration of the additional issues of whether plaintiff is still entitled to a new trial based upon the use of post-occurrence medical literature which, in the appellate court's judgment, could have caused the jury confusion on the issue of the standard of care (¶ 43), in light of the appellate court's resolution of the issue regarding the special interrogatory which suggests that the jury resolved the issue on the basis of causation, as a sufficient and independent basis. (¶¶ 83–84.) The appellate court may also have to then consider whether plaintiff is entitled to a new trial based upon the absence of authentication, and whether the issue of authentication has been forfeited.